Rivers and Coastal Waters: Sewage

Lord Oates Excerpts

Monday 29th November 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My Lords, like all public bodies, the Environment Agency had to make difficult spending decisions in 2015. However, since 2015 the agency has brought nearly 50 prosecutions against water companies and secured fines of over £136 million, including a £90 million fine for Southern Water. Defra and its agencies also received a £1 billion increase in overall funding at the spending review and, given that this is a government priority, much of that resource will be spent tackling this issue.

[Lord Oates (LD)]

Can the Minister tell the House what calculation the Government have made of the economic and ecological cost caused by the continued discharge of untreated sewage into coastal waters and inland waterways? Does he recognise that, if the Victorians had taken the approach of the Government, and apparently of the noble Lord, Lord Moylan, they would have determined that laying the original sewage network was prohibitively expensive, and we would still be throwing our waste into the street?

[Lord Goldsmith of Richmond Park (Con)]

I think the noble Lord is wrong about that. I am sure he would be the first to applaud the use of nature-based solutions in treating sewage run-off around the country. I think my noble friend Lord Moylan was advocating a continuation of that approach, because it is much cheaper and has all kinds of benefits that go beyond simply purifying the water. That is preferable to spending potentially unprecedented sums of money in other ways.

Covid-19: Vaccine Donations

Lord Oates Excerpts

Monday 29th November 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My Lords, the UK is engaging intensively and constructively in the TRIPS waiver debate. We continue to be open to all ideas that have a positive impact on vaccine production and distribution. A balanced and effective intellectual property regime has proved invaluable in this crisis, as in others, in supporting innovation and collaboration. In the meantime, we know we need to continue to push ahead with pragmatic action now, including voluntary licensing and technology transfer agreements.

[Lord Oates (LD)]

My Lords, did the Minister have a chance to listen to last night’s broadcast by South African President Cyril Ramaphosa? He said that

“the Omicron variant should be a wake-up call to the world that vaccine inequality cannot be allowed to continue … Until everyone is vaccinated, we should expect … more variants … Instead of prohibiting travel, the rich countries … need to support the efforts of developing economies to access and to manufacture enough … doses for their people”.

In light of those comments, will the Government convene an urgent meeting of the G7 to tackle the issue of the TRIPS waiver—we do not have time to wait—but also to agree an economic support package for southern African economies, which will be devastated by this travel ban?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, I did not hear the broadcast, but I heard the summary of the message. I do not think anyone pretends it is an either/or decision: either blocking flights temporarily into this country or enabling the widespread vaccination of vulnerable populations. Our view is that both are necessary as immediate-term steps. The G7 has been dominated by discussions around this issue, and no doubt that will continue.

Zimbabwe: Makomborero Haruzivishe

Lord Oates Excerpts

Tuesday 23rd November 2021 Lords Chamber

Asked by

[Lord Oates]

To ask Her Majesty’s Government what representations they have made to the Government of Zimbabwe about (1) the continued detention of opposition politician Makomborero Haruzivishe, and (2) political repression in that country.

[Lord Oates (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and in doing so I declare my interest as co-chair of the All-Party Parliamentary Group for Zimbabwe.

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, the UK remains concerned about the political situation in Zimbabwe. We regularly urge the Zimbabwean Government to live up to their own constitution by ensuring that the opposition, civil society and journalists are allowed to operate without harassment, and that due legal process is respected. The Minister for Africa reinforced these messages when she met President Mnangagwa on 1 November. Our embassy is also in touch with Mr Haruzivishe’s lawyers as we await the outcome of his appeal.

[Lord Oates (LD)]

I am grateful to the Minister for his reply, yet despite the Government’s efforts, MDC youth leader Mako Haruzivishe remains incarcerated and the political and human rights situation in Zimbabwe continues to deteriorate. In the light of this, do the Government agree that regional leaders have a critical role to play in encouraging the Zimbabwean Government to respect human rights and the rule of law? Can the Minister tell the House what discussions the Government have had at ministerial level with the Government of South Africa and the newly elected Zambian Government in this regard?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I pay tribute to the noble Lord’s role on the APPG. He is of course right that it is important that regional Governments have a role to play. In this regard, we have engaged directly at the highest level with the South African Government and we continue to engage with other regional partners, as well as regional associations, including the African Union, on this priority.

Climate Change: COP 26

Lord Oates Excerpts

Thursday 18th November 2021 Lords Chamber

[Lord Oates (LD)]

My Lords, I declare my interest as chair of the advisory board of Weber Shandwick UK. I congratulate the noble Baroness, Lady Young of Old Scone, on securing this debate and on her very powerful speech. I also congratulate the right reverend Prelate the Bishop of Exeter—where I had the pleasure of spending three years as a university student—on his excellent maiden speech. I also commend my noble friend Lord Glasgow for hosting such a large number, and such a variety, of guests in Glasgow. I get the impression that his house may be a little bigger than mine.

As we have heard in this debate, there are a number of perspectives through which we can view the COP. The first, perhaps, is as a disaster because, as the noble Baroness, Lady Worthington, said, the measures agreed did not come anywhere near meeting the targets needed to avoid catastrophe and the NDCs, as she said, envisage even higher emissions in 2030 than today. Secondly, COP 26 could be seen as a missed opportunity for a much more comprehensive agreement, which was marred by the poor leadership from the Prime Minister and a series of spectacularly damaging decisions in the lead-up to the conference. Finally, perhaps the conference can be seen as a partial success because, while the speed of the journey is still far too slow and must urgently be sped up, we are at least facing in the right direction.

The truth is that all three perspectives have validity. If you represent an island state that faces inundation of its clean water supplies and the prospect that it will sink below the waves altogether, how could you see the failure to take more urgent and comprehensive action on fossil fuels as anything other than a disaster? The right reverend Prelate the Bishop of Exeter gave us an example of one of those islands that is now uninhabitable and is soon to be under the sea.

There was the astonishing way in which the Government set out, sometimes seemingly almost intentionally, to sabotage the chances of their own success and COP’s success by alienating in turn key players who were needed to secure a more comprehensive agreement. That was done: first, by betraying the global south by slashing our aid budget in a callous betrayal of the Conservative manifesto pledge; then, less than two months before the conference, by announcing a military pact nakedly aimed at containing China and which was hardly likely to encourage its co-operation; and, finally, by generating the maximum bad blood with the EU, which we needed as a highly engaged ally to exert maximum leverage if a more comprehensive agreement was to be achieved.

In light of all that, it certainly looks like a missed opportunity. In fact, from that perspective, it is perhaps remarkable that there was any agreement at all. Nevertheless, while both those perspectives have validity, I cling to the final perspective of COP as a partial success that at least has us facing in the right direction, even if at times it looked like the world would remain paralysed with inaction from setting off down that road. I cling to that perspective because the danger of pessimism is that it leads to defeatism. I do not believe that humanity can countenance that. I also cling to that belief because there were positive developments out of COP on which we need to build and go much further. Also, a challenging but positive approach to the issues ahead will be vital if we are going to succeed in this, humanity’s most vital task.

On the positive side, COP delivered some things. It kept 1.5 degrees within reach, if very distant reach. The agreed annual reviews of the NDCs are a potentially vital ratchet and, as the noble Baroness, Lady Boycott, said, we cannot overstate how important that is and how important Sharm el-Sheikh will be. The forestry agreement was also another positive. We will have to see whether some of the signatories, particularly President Bolsonaro, actually deliver on the agreement but it was a step forward and we should recognise that. I, like others, commend the Minister, the noble Lord, Lord Goldsmith, and Alok Sharma, for the work that they have done.

Also, if it was disappointing that India’s net-zero target was set at 2070, it was at least a positive sign that it committed to trebling clean energy in less than a decade. Also significant was the deal with South Africa to work with that country in phasing out coal-generated power. The Prime Minister said that we had succeeded in uniting the world in calling time on coal. That seems a big claim, given what went on around that issue. However, it is not insignificant that coal was mentioned, although, of course, not nearly enough was done. China and India also found themselves a bit exposed on this subject and they may be nervous in the future. There were other agreements on methane and electric cars that offer us some positive hope.

I was in Glasgow for the finance day in particular. One of the encouraging things there was that, although some of the claims about the hundreds of trillions of dollars under management were perhaps overblown, it was key that there was much greater focus and commitment to greening finance. That was important. It was the first time that a US Treasury Secretary had ever attended a COP meeting, which is also important. The announcement ahead of the COP by the Prudential Regulation Authority that it would be reviewing capital requirements to ensure that they adequately factor in climate risk was encouraging, and the ECB also said that it was taking steps in that direction as well. Finance and the role of financial regulation will play an ever-increasingly important role in our battle to address climate change. While much more is to be done, I was encouraged by that.

However, we have heard a lot about the disappointments in other respects—the failure to meet the financial commitments to assist the global south in transitioning their economies. At some point, we are going to have to address the issue of loss and damage, particularly for the island states. COP failed, as we have heard from my noble friend Lady Sheehan, to agree an end to the burning of fossil fuels. That will be vital if we are going to achieve what we need in terms of net zero.

The noble Baroness, Lady Hayman, highlighted the importance of transparency and fairness over metrics and measurements. As we go down the road towards net zero, how we measure and know that accurate measurements are taken will be critical. We still are painfully behind the timescales needed in terms of global agreements on financial regulation to ensure that, across the world, climate change is properly priced into risk.

There are lots of challenges, but we must not play into the hands of the deniers, delayers and defeatists by running a despairing narrative. We have heard a raft of positive proposals today—not least the six-point plans from the noble Baronesses, Lady Young and Lady Worthington. We have heard highlighted the importance of not thinking that we can just keep on acting as we are now. We have to restrain energy; we heard that from the noble Lord, Lord Browne of Ladyton, and, as my noble friend Lady Parminter said, it is so disappointing that we have not moved on that in the building and heat strategy.

In summary, we had an outcome from COP that at least pointed in the right direction. It was more success than failure, but it still leaves us perilously far from what we need to achieve. We have to ensure that we do not, as the noble Baroness, Lady Boycott, warned us, allow this issue to slip down the agenda. All of us have to redouble our efforts—including the Government, business and NGOs—to ensure that we can ultimately deliver that 1.5 degree target.

Charities: Landmines

Lord Oates Excerpts

Monday 15th November 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My Lords, the UK has invested really significant sums; it is one of the most generous countries in the world when it comes to funding demining. We have saved, as a consequence of taxpayers’ contributions to programmes backed by the Foreign Office, the lives of many, many hundreds of thousands of people. As I said, the FCDO recognises how critical this work is. That is why we are reviewing the decisions that were made: we are reviewing funding and country allocations and we will come back with details as soon as possible.

[Lord Oates (LD)]

My Lords, I declare my interest as co-chair of the Zimbabwe APPG. I may be able to help the Minister with the answer to the question from the noble Lord, Lord Trefgarne. Last year, landmine clearance in the Falkland Islands was completed, with Minister Wendy Morton paying particular tribute to the brilliant contribution of the team of Zimbabwean deminers. In the context of this assistance, does the Minister recognise that it is absolutely unacceptable for the Government to cut entirely our mine-action funding to Zimbabwe, which has some of the densest and most dangerous minefields in the world? Will he review this decision and restore funding so that Zimbabwe can meet its goal of being landmine-free by 2025, and will he meet me to discuss this matter?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, as I said in answer to the previous two questions, we are reviewing the funding decisions. We are reviewing country allocations and we will come back with figures when we can. No one disputes the importance of this work to people’s lives and to the stability of countries. Yes, I would be very happy to meet the noble Lord.

Environment Bill

Lord Oates Excerpts

Consideration of Commons amendments
Tuesday 26th October 2021 Lords Chamber

[Lord Cormack (Con)]

I said that if the noble Lord has any part in it, he should apologise.

[Lord Oates (LD)]

My Lords, if we may return to the topic of the debate, I do not think the House is benefiting from this exchange.

I will briefly speak to the amendment in the name of the noble Duke, the Duke of Wellington. Before I do so, I thank the Minister for moving on the issue of conservation covenant agreements and agreeing to require that they must be executed by deed. I was pleased to support the amendment in the name of the noble Earl, Lord Devon, and I congratulate him on bringing it to a successful conclusion.

I was likewise pleased to put my name to the original amendment tabled by the noble Duke, the Duke of Wellington, to address the scandal that we have heard so much about this evening and in our previous discussions of the hundreds of thousands of sewage discharges into our waterways every year. We should recall that the House of Commons in fact agreed to the majority of the amendment in the name of the noble Duke, but they removed the critical lines 7 to 14, which he is restoring by his amendment. As we have heard, a significant number of Conservative MPs rebelled on this issue either by voting against or by abstaining, and those who did not were given pause for thought by the outpouring of public anger on this issue. I, of course, deplore any vilification that there was on this.

This is a critical issue for the public and for the health of our inland and coastal waters and our environment as a whole, so we on these Benches will be pleased to support the amendment in the name of the noble Duke, the Duke of Wellington.

[Baroness Hayman of Ullock (Lab)]

In the interests of time, and due to the fact that noble Lords have made important contributions to this debate, I hope that your Lordships will not be too disappointed that I have decided to completely tear up my speech. Instead, I thank the noble Baroness, Lady Bakewell, for giving us the opportunity to return to the important issue of protecting pollinators from pesticides. I also thank the noble Duke, the Duke of Wellington, for his tenaciousness in continuing to press the Government on this very important matter and for making serious progress. If he wishes to test the opinion of the House, he will have our full support, but I hope that the Government will not vote against.

Environment Bill

Lord Oates Excerpts

Report stage
Wednesday 15th September 2021 Lords Chamber

[Viscount Ridley (Con)]

Follow that, my Lords. I declare my interest as a landowner. The noble Earl, Lord Devon, has made some very good arguments, both today and in Committee in what is a very good example of the House of Lords at its best. He made a very powerful speech in Committee that made a lot of people think hard about a difficult topic. Like him, I support the scheme for conservation covenants very strongly indeed. I saw how conservation easements work in the United States years ago and have argued for years that we ought to have a similar system here. However, he raised some key questions in Committee, and I do not think they were adequately answered either from the Dispatch Box or in later correspondence. That is why I have added my name to these amendments. I am not looking to cause trouble; I am looking for reassurance from my noble friend the Minister that the Government have listened to his concerns and come up with some important reforms to this legislation.

Conservation covenants are, or should be, formal, solemn, momentous undertakings. That should be reflected in the way they are entered into. They should be done by deed and not by an email. They should be with a focused and specialised partner, not a potential scallywag, as we have heard. I am not a lawyer, but the law that worries me here is the one we cannot repeal: namely, the law of unintended consequences. As the noble Earl, Lord Devon, put it, the prospect of zombie covenants blighting our green and pleasant land is not a pleasant one.

The other key concern is the possibility that the advice on how to conserve a habitat, species or piece of biodiversity may prove wrong over time, and a sort of flexibility needs to be built into this to correct a covenant. I spoke at Second Reading about a real example of this with peewits on the Isle of Sheppey. Essentially, it was discovered that, by providing super-habitats for the peewits to nest but no predator control, you were actually draining the population of birds. They were attracted to the place but could not rear any chicks and died of old age without any grandchildren. There has been another example recently in the media of the fact that the willow tit is declining largely because there are too many bird feeders, benefiting the blue tit, which takes over the willow tit’s holes and evicts it.

These are small examples and may seem trivial ones, but the point is that we learn that conservation advice changes over time. We need to be able to reflect that in these very solemn and long-term undertakings. Again and again I have seen practice in one decade that turns out to be wrong in the next. I will listen carefully to my noble friend the Minister and to any response that comes.

[Lord Oates (LD)]

My Lords, I am pleased to give my support to the amendments in the name of the noble Earl, Lord Devon, and he will have the support of these Benches. I must say he has caused me some slight difficulty as, like him, I also have an American spouse, who recently watched the programme about Powderham Castle with Mary Berry and turned to me and said: “How come we don’t have a castle? Aren’t you a lord too?” I have put that aside in the interest of these amendments and I will not detain the House too long, as the noble Earl has set out the case very compellingly.

Whatever anybody’s views about Part 7, we are all agreed that it is significant and the covenant agreements that will be entered into are significant. Therefore, those entering them should do so not simply by email but with advice. That amendment is a basic thing we should be able to agree on.

The other amendments set out by the noble Earl also have compelling resonance. We do not want private companies with no interest in conservation buying up land, and there should be no perpetual obligation on landowners, with no payments. So we support these amendments. They are very reasonable, even modest, and can only improve the Bill and the likelihood that conservation covenant agreements will have a good chance of success. I hope the Government will be willing to move on them but, if they are not, and the noble Earl wishes to divide the House, he will have the support of these Benches.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I do not have an American spouse to declare and I am certainly not a landowner, so maybe I bring more of a working-class approach to this. But I do declare an interest as a member of the South Downs National Park Authority, where conservation covenants are already becoming a live and slightly perturbing issue. I speak in support of Amendments 109, 110, 112, 113, 114 and 115 in the name of the noble Earl, Lord Devon, to which I have added my name. I also thank the noble Earl, Lord Caithness, for his amendments, which echo our concerns about the current wording of Part 7 of the Bill.

As the noble Earl, Lord Devon, said in Committee and again today, conservation covenants are a new and radical concept. They could bring great benefits to our landscape and to improving our biodiversity, but they are long-term agreements with huge implications for the landowners, so it is essential that we make the wording watertight from the start. The noble Earl’s Amendments 109 and 110 would require any conservation covenant to be underpinned by a deed. We believe this provision is essential. It would ensure that the landowner received appropriate legal advice before locking in the land to agreements that could last 100 years or more, committing their family for generations.

In the noble Lord the Minister’s letter following the debate in Committee, he made it clear that the covenants would not require a dominant and servient tenement. The implication was that this would be an equal agreement between the landowner and the responsible body, but we know this is not necessarily how it will work in practice. We are talking about public bodies or large institutions with huge resources compared to a single landowner, who may be a small farmer. So it is crucial that they get the best legal advice, which a deed would deliver. There would then be clarity for all on what the conservation requirements are.

As I mentioned in Committee, the concept of environmental stacking is also taking hold, where a landowner might have multiple conservation obligations to different bodies, with all the legal complexities that that would ensue. Could the noble Baroness clarify how it would work if a covenant existed for a piece of land? For example, would the landowner also be able to claim additional financial support through the sustainable farming incentive scheme?

We are also concerned about the implications of individual farmers being approached to sign covenants that are at odds with the wider plans for the landscape. How would we ensure that the covenant was in keeping with, for example, the strategic plans for the protected landscapes in the national parks? As I mentioned in Committee, farmers in the South Downs are already being approached to provide carbon offsets for developments elsewhere, and the new biodiversity offsets will complicate matters further. All of this underlines the need for a land-use framework for England, which my noble friend Lady Young will be debating in the next group.

I also agree with the noble Viscount, Lord Ridley, that the advice on conservation may turn out to be wrong, over a period of time, so we need a simple mechanism to adapt and sign off new amended conservation agreements.

Finally, we agree with the noble Earl that the responsible bodies that determine the basis of the covenant, if they are not public bodies or charities, should be organisations focused solely on conservation —we all had a great deal of sympathy with his example of Southern Water, which did not quite tick the box of being a trustworthy conservator—otherwise, there is a danger of the covenants being traded by for-profit institutions with no interest in the biodiversity outcome and no direct engagement with the landowner. In the worst case, it is possible to imagine all these covenants bundled up into packages and traded internationally, with the UK losing control of its land use. I hope noble Lords see the sense of these amendments and agree to support them, if the Minister is not able to adequately address these concerns.

Environment Bill

Lord Oates Excerpts

Monday 13th September 2021 Lords Chamber

Moved by

[Lord Oates]

90: Clause 97, page 99, leave out lines 27 and 28 and insert “Payments received under arrangements under this section are to be retained by local authorities for the following purposes (only)—”
Member’s explanatory statement
The effect of the amendment would be that credits would be retained by local authorities for local use in promoting biodiversity rather than retained by central government.

[Lord Oates (LD)]

My Lords, the noble Lord, Lord Kerslake, regrets that he cannot be in the Chamber at the moment, so I am moving Amendment 90 with his permission.

The Bill seeks to introduce measures whereby a credit system will allow the sale of proposed statutory biodiversity units when improvements on site are not possible. It currently does not require that biodiversity credits raised from developments be retained locally. The amendment that I am moving is simple. It does not seek to change the proposed approach to biodiversity credits but to ensure that the income from such credits is retained locally. Improving biodiversity and protecting nature is self-evidently something that happens in places. Central government sets the legislative and regulatory framework, but it is how local actors, and particularly local government, play their leadership roles that will ultimately determine success.

I turn now to my Amendment 94. I am grateful to the noble Baronesses, Lady Jones of Whitchurch and Lady Jones of Moulsecoomb, and the noble Lord, Lord Kerslake, for their support. If we are to rescue nature and biodiversity from the perilous situation that we have allowed it to get into, the local nature recovery strategy set out in the Bill will be critical. It is equally critical, however, that strategies do not become just more paper gathering dust, and that the powers provided to enforce them are not just vested in a remote Secretary of State issuing regulations from Whitehall but in local authorities, which are on the front line of the battle to save nature.

This Bill is not at all shy about imposing new duties on local authorities or in granting the Secretary of State a whole range of powers to make regulations, but it is painfully, timidly, and indeed speechlessly shy about giving local authorities any of the powers that they need to discharge those duties. Part 6 of the Bill is no exception. Clause 102(3), which governs the content of local nature recovery strategies, allows local authorities to designate areas that

“are, or could become, of particular importance for biodiversity, or … where the recovery or enhancement of biodiversity could make a particular contribution”.

Nowhere, however, is there any power for a local authority to stop a landowner from destroying biodiversity on such designated sites.

My amendment would correct this. It would allow a local authority to issue a biodiversity contravention notice to the owner or occupier of any land designated under Clause 102(3) as a site of importance for biodiversity, where it appeared to the local authority that there was a serious risk of biodiversity destruction or where such destruction had already taken place. The notice could require the landowner to provide information about their operations on the site, to allow access to the site and to comply with obligations to preserve biodiversity as specified in the notice.”

In Committee, I used the example of the Seething Wells filter bed site by the Thames, in my hometown of Surbiton, to illustrate the problem that my amendment would tackle. The land has been disused since it was decommissioned in 1992 by Thames Water and subsequently developed into a haven for plant and animal life, including birds, bats and grass snakes. It has become an important site for diversity in our borough, yet when the new owners started on a programme of wholesale destruction of nature on the site, there was nothing the council could do to stop them, despite it being a site of interest for nature conservation. The council did not even have the power to demand information about what the owners were doing on the site, let alone the power to stop the destruction. Here I pay tribute to the Seething Wells Action Group, which has done so much in our local community to raise the profile of this issue, and I know that many of its members have recently been in touch with the Minister.

Responding to my amendment in Committee, the Minister argued that local authorities either already had the necessary powers to tackle such issues or would gain them in the Bill. But when the Minister and his officials were kind enough to meet me over the summer, they conceded that the council had no powers to act in this case because the site was not the subject of any planning application and so planning powers did not apply. The Minister undertook to look into how this gap in powers might be addressed, although he questioned whether the problem was widespread and what motivation site owners would have for such destruction. Regrettably, since that positive meeting, I have heard no more from the Minister or his officials.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I thank noble Lords for their contributions to this debate. The Government have listened carefully to the valuable debate both here and in the other place, and I thank the noble Baronesses, Lady Parminter and Lady Jones of Whitchurch, for their drive in this area in particular.

We share the desire to make sure that local nature recovery strategies are actively used and delivered, and we entirely agree that the planning system is a key mechanism for achieving this. That is why we have tabled government Amendment 93 to make it a legal requirement for the Government to produce guidance on how local planning authorities should “have regard” to local nature recovery strategies. Local planning authorities, as part of the planning system, will have to “have regard” to relevant local nature recovery strategies, as will all public bodies. Defra is supporting MHCLG in developing proposals for planning reform ahead of the introduction of the planning Bill, including creating a clear role for local nature recovery strategies.

Turning briefly to Amendment 91, tabled by the noble Baroness, Lady Parminter, I appreciate that she is also seeking to ensure that local nature recovery strategies are actively used, and I know she tabled this amendment before the government amendment in my name was tabled. I thank her very much for her thoughtful response and her—was it support?—gentle support for our amendment. The local nature recovery strategies will be developed collaboratively to identify where changing the way land is managed will give greatest benefit for nature and the environment, which will also reflect local priorities. The shared vision will then guide the delivery of biodiversity net gain, environmental land management schemes, planning, use of nature-based solutions and many other current and proposed actions for nature’s recovery across the public, private and voluntary sectors. To do this, each strategy must capture potential actions relevant for all these purposes, brought together to create a coherent overall approach. The duty on public authorities to “have regard” to the strategies will require them to consider which of these proposed changes they can realistically make and then take that action. The amendment the Government have tabled will strengthen the integration of the strategies into the planning system in particular.

Turning to Amendment 90 tabled by the noble Lord, Lord Kerslake, local authorities will be able to fund habitat creation or enhancement on their own land by selling biodiversity units to developers, on exactly the same basis as other suppliers on the market. Local authorities may also choose to work with other local landowners to bring additional habitat creation or enhancement opportunities to the market. Statutory credits are separate from market biodiversity units. They are intended to be sold by government as a last resort, when developers are unable to achieve net gain on site or off site, either on their own land or by purchasing biodiversity units on the market. It is therefore necessary for central government to sell credits as a last resort and use the revenue to invest in new habitat creation and enhancement.

We do not, however, want lots of money to come through the route of government-supplied credits. We want the market to provide locally led solutions, in which local authorities will of course play a key part. We intend to set the cost of government credits in a way that does not undercut the biodiversity unit market.

Turning to Amendment 94, I share the concern of the noble Lord, Lord Oates, regarding the degradation of important sites for nature. I thank him for our discussion over the summer. As he said, I recently received a great deal of correspondence from concerned residents in Kingston regarding the Seething Wells filter beds site; I have read it with interest and will respond over the coming days. However, for this debate, I must address the implications of this amendment for local authorities and the protection for biodiversity more widely.

I am afraid that I do not agree that giving local authorities such sweeping powers is the best way to address the issue. It would amount to de facto protection of the entire country, which, although on the one level it would be fantastic, could have a wide-reaching effect on land use nationwide, creating confusion over whether an area is protected. We have a system of protections for our best sites for nature and our most important landscapes. Wildlife, including all nesting birds and other rare and declining species, is protected across the country. The forthcoming Green Paper will explore specifically how these protections can be strengthened and improved.

Turning to Amendment 98, tabled by my noble friend Lord Caithness, Natural England’s assessment of licence applications will be evidence-led and based on robust science, taking into consideration the likely impact on the relevant population and biodiversity. The Government remain fully committed to our international obligations on biodiversity. The wording used for these proposed tests within a reformed Wildlife and Countryside Act is in alignment with Article 9 of the Bern convention on the conservation of fauna and flora. I agree with my noble friend that any assessment of impact should be at the scale of the population concerned. The clause in this Bill intends to do that by referring to any population of the protected species concerned, be that at local, regional or national levels.

Amendment 105 was also tabled by my noble friend Lord Caithness. As I said, the Bill introduces a comprehensive statutory cycle of monitoring, planning and reporting. Our proposed objectives for domestic biodiversity targets reflect current draft international targets being developed under the CBD. The Government are already developing an evaluation and monitoring programme for biodiversity net gain and have commissioned the first stages of delivering this. The relevant public authorities will report every five years on their actions to comply with the biodiversity duty, including contributions to net gain and local nature recovery strategies; those strategies will themselves be regularly reviewed and updated. These processes go beyond merely reviewing regulations and will ensure that the Government’s actions are both adaptive and effective.

Finally, turning to Amendment 92A, I fully agree that future farming practices should support nature recovery. We are strengthening the existing duty by requiring authorities to “have regard” to clear strategies that will include specific actions. However, having regard to a broad concept such as “nature-friendly farming” would not make the overall duty any clearer or more meaningful. Also, to reiterate the point I made in Committee, where an authority has influence over farming or has farms on its land, it already needs to consider what it can do to ensure that biodiversity is supported. The Government have already committed to aligning environmental land management farming schemes for rewarding environmental benefits with local nature recovery strategies; this should be revolutionary for our countryside and biodiversity. With the environmental land management schemes contributing to biodiversity enhancement through the provisions of the Agriculture Act and targets set in the Environment Bill, we believe that an amendment such as this is not necessary.

I hope I have reassured noble Lords. I beg them to withdraw or not press their amendments.

[Lord Oates (LD)]

My Lords, I am grateful to the Minister for his response. He will not be hugely surprised to know that he has not reassured me, particularly in regard to Amendment 90 and my Amendment 94. He is wrong to state that my amendment would mean that the country was de facto covered—that is, that these local authority powers would de facto cover the whole country—as they would apply only to sites designated under Clause 102(3).

However, overall, I regret that the Government have arranged business so that a meaningful vote is not possible on my amendment tonight, and also that a number of noble Lords who would have liked to take part in this important debate were not able to. It is critical that local authorities are given not just duties but also powers to implement them. The Minister can be assured of our determination to ensure that local authorities are given these powers, which they need to protect biodiversity in their local areas, and we will seek the next possible legislative opportunity to do so. In the meantime, with great regret, I beg leave to withdraw the amendment.

Amendment 90 withdrawn.

Environment Bill

Lord Oates Excerpts

Report stage
Monday 13th September 2021 Lords Chamber

[Lord Oates (LD)]

My Lords, in view of the time and the Minister’s admonition, I shall be brief. I am very pleased to support the amendments in the name of the noble Duke, the Duke of Wellington, and thank him for working so collaboratively on them. The arguments for them have been compellingly made so I will not add to them. I am also pleased to support the amendment from my noble friend Lord Chidgey on the important issue of chalk streams, and in principle support the amendment from the noble Baroness, Lady McIntosh.

I hope the Government will listen carefully to the arguments but if the noble Duke chooses to put Amendment 60 to the vote, he will have the support of these Benches.

[Baroness Hayman of Ullock (Lab)]

My Lords, I will speak to Amendments 59 and 60 in the name of the noble Duke, the Duke of Wellington, and offer our firm support should he decide to test the opinion of the House. I will also briefly talk to Amendment 82 in the name of the noble Lord, Lord Dannatt, and to Amendment 83 proposed by the noble Lord, Lord Chidgey, to which I have added my name.

We had lengthy debates on water issues in Committee so I start by thanking the Government, as other noble Lords have done, for subsequently tabling amendments to address many of the concerns that were raised. I also thank the Defra officials for their time in meeting me and my noble friend Lady Jones to go through the amendments in detail. The Minister has clearly introduced these changes but while we welcome them, we believe that in some areas they do not go far enough to address the genuine concerns raised by noble Lords. Government Amendment 61 regarding near real-time reporting states that the duration and volume of storm overflow discharges will be reported, yet the proposed amendment does not mention volume. Will the Government consider adding volume reporting into this amendment to ensure that that is a requirement?

I commend the noble Duke, the Duke of Wellington, for his diligence and persistence in pressing his concerns in his Amendments 59 and 60. Amendment 59 covers drainage and sewerage management systems. While we welcome the new requirement that Clause 79 inserts into the Water Industry Act 1991 that enables companies to take a strategic approach to wastewater management that is clearly needed, we still believe that it should be strengthened. Amendment 59 would do this by bringing in an overarching purpose for the plans, requiring companies to deliver continuous improvement of sewage treatment plants and the separation of surface water from foul water.

I know from discussions with Defra officials that there are concerns about the huge cost of this, but I hope to hear from the Minister a commitment from the Government that this is being taken very seriously and that it will be set as a top priority for water companies and Ofwat. I also hope he will provide the noble Duke with the assurances that he has requested on this amendment.

Water UK has raised concerns about the way in which we manage surface and groundwaters as the default remains to push through these foul water systems which overloads their capacity. As this is currently out of the water sector’s remit to control, I would like to hear from the Minister whether there are any plans to review this. The noble and learned Lord, Lord Mackay of Clashfern, also drew attention to this.

I turn now to Amendment 60. We know that Clause 80 is designed to amend the Water Industry Act 1991. As my noble friend Lady Quin said, people are horrified to hear that sewage is still discharged into our waterways. We are disappointed that this clause is weaker and less ambitious than the original Private Member’s Bill proposed by Philip Dunne MP, who was here earlier but seems to have left. We know that existing laws are completely inadequate. The Environment Agency has also conceded that with significant pressures on its funding in recent years it has had to reduce overall monitoring and enforcement activity

“below the level we would wish”.

The noble Duke, the Duke of Wellington, drew attention to the lack of enforcement.

I remind your Lordships’ House that the Environment Agency has seen its funding cut by 60% and, according to official Environment Agency data analysed by National World, prosecutions of companies and organisations for environmental crime in England plummeted by 86% between 2000 and 2019. The number of charges also fell by 84% in that period. Does the Minister recognise that if the Government truly are serious about tackling pollution, they must fund the Environment Agency properly so that it can do the job that it was set up to do? Water companies must be made to undertake the improvements to the system needed if we are to address the current crisis in sewerage pollution. We commend the noble Duke, the Duke of Wellington, for his informed and persuasive arguments, and support him.

Turning briefly to Amendment 82, tabled by the noble Lord, Lord Dannatt, I thank the noble Baroness, Lady McIntosh of Pickering, for her introduction. We believe that a sustainable drainage hierarchy is extremely important. The noble Baroness mentioned Cumbria; I emphasise, as someone who lives in a high flood-risk area, that the importance of this for local flood risk cannot be underestimated.

Turning finally to Amendment 83 on chalk streams, I honestly am astounded that the noble Baroness, Lady Jones of Moulsecoomb, has not heard of the Undertones. That is quite extraordinary and possibly what I have been most shocked about during these debates. Moving to chalk streams, according to Wikipedia, which I know is not always 100% accurate, there are 210 chalk streams in the world, 160 of them in England. However, listening to the noble Lord, Lord Chidgey, in his excellent introduction, it seems that this is probably a bit of an underestimate.

Today and in Committee we heard eloquently from the noble Lord, Lord Chidgey, and others, about how urgent it is to act to save our chalk streams. I hope that the Minister has listened to his concerns on this and the other areas of real concern that we have been debating today.

Conference of the Parties to the United Nations Framework Convention on Climate Change (Immunities and Privileges) Order 2021

Lord Oates Excerpts

Monday 6th September 2021 Grand Committee

[Lord Parkinson of Whitley Bay (Con)]

My Lords, this instrument was laid on 7 July in accordance with Paragraph 10 of Schedule 1 to the International Organisations Act 1968. It confers privileges and immunities in support of the 26th Session of the Conference of the Parties to the United Nations Framework Convention on Climate Change: COP 26. That will take place in Glasgow from 31 October to 12 November this year. This order is required so that the UK can comply fully with the obligations of the host country agreement that we have negotiated with the secretariat of the UN Framework Convention on Climate Change.

As president of COP 26, we are hosting the biggest event of this kind that the UK has ever seen. It presents us with a unique opportunity to demonstrate our global leadership on the issue of climate, delivering our objectives to accelerate worldwide action to tackle climate change and to deliver a green recovery and sustainable jobs. We are committed to delivering a whole-of-society conference in Glasgow and are working with the Scottish Government, the Welsh Government and the Northern Ireland Executive to ensure an inclusive and ambitious conference for the whole of the United Kingdom.

During the opening days of COP 26, we will host a world leaders’ summit. We are expecting up to 120 world leaders to accept the Prime Minister’s invitation to attend in person. The summit will set the stage for 12 days of talks. Teams of negotiators, government representatives, businesses and citizens will work together to develop solutions to the challenges that are now global priorities for us all. While interlinked, the world leaders’ summit and COP 26 are separate events in administrative terms. This SI deals with COP 26 only. Separate provisions are being made for participants in the world leaders’ summit.

A core principle of this framework is that functional immunities be accorded to all those performing functions in connection with the conference and all those invited to the conference. Ensuring that all participants feel that they can discharge these functions without fear of official or legal consequences is a fundamental requirement of a successful COP. We expect to welcome more than 25,000 participants to Glasgow and recognise the need for them to be able to perform their functions freely. If we were to accord privileges and immunities to all, however, we would be going far beyond what we would consider functional need. In particular, protections regarding freedom of expression and freedom of assembly already exist under UK domestic law.

Negotiations have taken place with the UN, at the highest levels, to keep the number granted privileges and immunities as small as possible without compromising participants’ freedom to function. We have reassured the secretariat and the UN that the extensive protections that exist in UK domestic law as regards freedom of expression and freedom of assembly negate the requirement for the widespread granting of privileges and immunities.

I am pleased to confirm that we have been successful in reaching agreement that we shall confer privileges and immunities on only three categories: UN officials who do not already enjoy them; the delegations of member and observer states, otherwise known as the parties; and core personnel from the Clean Development Mechanism, the Green Climate Fund, the Adaptation Fund and the Global Environment Facility. These privileges and immunities include immunity from arrest and detention and from suit and legal process for certain individuals while they are exercising their functions in connection with the conference. It does not grant personal immunity or inviolability, nor will it extend to British nationals, permanent residents or their spouses or partners.

We have carefully considered the effects of the ongoing pandemic and the interplay between privileges and immunities and a COP held in that context. We have agreed with the UN Secretary-General and the Executive Secretary of the UNFCCC that a robust Covid management plan will be put in place and that the observance of those provisions will be enforced through a code of conduct which all participants will be required to accept.

Along with our colleagues in the Scottish Government, Glasgow City Council, public health bodies and the UN system, we are continuing to monitor the pandemic and are developing a comprehensive package of measures to help protect participants and the local community from the risk of Covid transmission during COP 26. The measures we have identified include vaccination, quarantine arrangements, bespoke test, trace and isolate procedures, hygiene protocols and enhanced ventilation. We are strongly recommending that participants be vaccinated, and the UK will work with the UN to provide vaccines to COP 26 participants who would otherwise be unable to secure them.

This instrument forms a necessary part of the UK’s compliance with the obligations in the host country agreement to be signed by the UK and the UNFCCC secretariat. It balances, on the one hand, the desire to limit the granting of privileges and immunities to a minimum, and on the other, the COP’s founding principle that all participants should be able to voice their legitimate opinions without fear of legal repercussion. It avoids setting unwelcome precedents for UN conferences held in countries which do not have the level of personal freedoms that we enjoy here in the UK, for instance by limiting freedom of assembly, which can allow the general public to express views through peaceful demonstration. It is a fundamental element of success as we demonstrate to the world that the UK is a global power that respects the rules-based international system and can respond to an ever-changing global environment.

We will continue to join forces with our global counterparts, civil society, the private sector and those on the front line of the fight against climate change to inspire action ahead of COP 26. We are firmly resolved to uphold the principles of freedom of expression, inspire debate and lead a movement towards consensus. In this way, we can achieve our ambitious goals to reduce emissions and rebuild through a green economy.

The UK is clear in what we want to achieve through our COP presidency. This instrument is an important step in welcoming the world to Glasgow so that the international community can agree decisive action to win the fight against climate change. I beg to move.

[Lord Oates (LD)]

My Lords, I thank the Minister for his introduction to this SI, which is obviously necessary in line with our obligations as host nation. He talked about the three categories of people who will be granted immunity. Can he give us an indication of how many in total that will be? Can he also go a little further in explaining the extent of immunity from suit? He said that it related only to actions relating to the duties of these delegation members in connection with the conference. However, if they act illegally while attending the conference outside it are they immune from prosecutions for, for example, being drunk and disorderly?

Can the Minister tell us what is the nature of the privileges and immunities relating to personal baggage, which is mentioned specifically, and does that mean that baggage is exempt from searches? If so, how will the Government ensure that these privileges are not abused and what degree of scrutiny, given what I imagine is a fairly large number of individuals, will there be to ensure that such immunities are not provided to individuals who could pose a security risk?